General Law

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Judge: Cheerleading Not a Sport

Title IX of the Education Amendments of 1972 states that: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance... In collegiate sports, Title IX essentially provides that [...]

By | July 22nd, 2010|General Law|

Court of Appeals affirms Polk County decision in Boesen case

The Iowa Court of Appeals issued its ruling today in Freedom Financial Bank v. Estate of Edward Boesen et al.  The Court upheld the priority of Freedom Financial's purchase money mortgage which the late Edward Boesen used to buy a commercial property in Ankeny.  Citing century-old case law, the Court noted that prinicples of equity and fairness [...]

By | July 14th, 2010|General Law|

Iowa Texting Ban

According to the Insurance Institute for Highway Safety, text-messaging is banned for all drivers in 28 states and the District of Columbia. Effective July 1, 2010 Iowa joined the ranks when House File 2456 (www.votesmart.org/billtext/29106.pdf) went into effect.  For adult drivers, the new ban prohibits writing, sending, or reading text or electronic mail messaging while driving. Adult [...]

By | July 2nd, 2010|General Law|

Iowa Law: Walking in a Winter Wonderland of Shoveled Sidewalks

Looking out my window at today's snow accumulation, I am unfortunately reminded of my legal duty to shovel my sidewalk when I get home.  According to Iowa Code Section 364.12(2)(b): The abutting property owner is responsible for the removal of the natural accumulations of snow and ice from the sidewalks within a reasonable amount of [...]

By | December 16th, 2009|General Law|

NCAA Football: Let the Votes be Counted…Publicly

As reported on August 25, 2009 by Andy Staples on SportsIllustrated.com, SI.com is issuing open records requests to the 51 public school bowl championship subdivision football coaches who cast votes for the weekly coaches poll in NCAA football.  The coaches poll carries 33% weight in the determination of which schools are eligible to compete in [...]

By | August 27th, 2009|General Law|

Win or Lose: You’ve Got the Job

This post should be prefaced with the fact that I am an alumnus of the Univeristy of Iowa, but I will attempt to remain as objective as possible in my reporting. Iowa State University recently finialized its contract with new Head Football coach Paul Rhoads.  The contract, linked here by the Des Moines Register, has an interesting [...]

By | June 19th, 2009|General Law|

Icy Injuries: Assigning responsibility in Iowa parking lots

One of our readers recently posted a comment to an Iowa Law Blog entry from last month.  She wants to know who is responsible if someone falls on ice that has accumulated in a parking lot. Generally, a failed attempt to remove snow and ice can create an artificial condition subjecting the one who created the condition [...]

By | January 20th, 2009|General Law|

Freedom of Religion in Prison

Yesterday on IowaIndependant.com, Lynda Waddington reported on an 8th Circuit Court of Appeals decision on three prisoners' rights to observe their religious holiday at the Iowa State Penitentiary in Fort Madison.  The three plaintiffs are Wiccan, and sought 8 full hours to observe Samhain, their most important day of religious observance, which takes place at the end of October.  [...]

By | January 9th, 2009|General Law|

Polk City Sign Language: Freedom of Speech or Defamation?

In the Des Moines Register today, Jeff Eckhoff wrote a story today about businessman Anthony Herman in Polk City, Iowa.  Apparently, Mr. Herman is involved in several legal battles with the City of Polk City, and began using a sign on his property to display his distaste for the City using choice statements about the Mayor and members [...]

By | January 7th, 2009|General Law|

Taking the Temperature of the Iowa Legislative Agenda

The first session of the 83rd Iowa General Assembly convenes on January 12, 2009, and a number of prefiled bills have already been released to the public.  Several will likely generate some buzz, including: Restricting smoking in casinos, proposed by Rep. Mark Smith, D-Marshalltown Local Control of Animal Confinements, proposed by Rep. Mark Smith, D-Marshalltown Defining Mortgage Brokers as [...]

By | January 6th, 2009|General Law|